Wednesday, June 12, 2019

Israel’s legal rights to expanded borders under international law


For the full text of the article see here by Peter Baum


No modern day conflict receives so much detailed and disproportionate attention than the Israel – Palestine Conflict. Unfortunately for reasons varying from extreme ignorance to extreme antisemitism much of the output for, decades has been disproportionately negative against Israel and biased and sympathetic towards the so-called Palestinian cause.
Many commentators spew utter garbage when attempting to justify their anti-Israel views by regularly referring to Israel’s continuous breaching of International Laws. Irrespective of whether or not UN Resolutions are binding under International Law (and they are not) the binding principles of Acquired Rights and Estoppel enshrine Israel’s legal rights under International Law for time immemorial.
Israel’s supporters are often not fully briefed thus fiction and revisionist history have morphed into fact.
a)  Balfour Declaration…..a statement of intent of British Foreign Policy, Nov 2, 1917
b)  Smuts Resolution, January 1919
c)   Officially endorsed by the Council of 10 on January 30, 1919 – Palestine as envisaged by the Balfour Declaration named as a Mandated State.
d)  The Smuts Resolution became Article 22 of the League of Nations Covenant
e)  Paris Peace Conference, February 27, 1919
f)    Treaty of Versailles, June 28, 1919
g)  San Remo Resolution – the Magna Carta of the Jewish People, April 25, 1920
This latter resolution became Article 95 of the Treaty of Sevres and retained its validity as an act of International Law when inserted into the Preamble of the Mandate for Palestine confirmed by 52 States of the League of Nations. Article 22 also implemented the Balfour Declaration and the San Remo Resolution. The Mandate has 28 Articles.
It is the Legal official creation of Israel / Palestine adopted by the 52 States and by the Supreme  Council of the Principal Allied Powers Under this Resolution the Principal Allied Powers charged the British Government (who accepted ) with the responsibility and legal obligation of putting into effect the Balfour Declaration and the borders of Israel / Palestine including Cis and Trans Jordan. It combined Article 22 of the League of Nations with the Balfour Declaration
Agreed by David Lloyd George and Georges Clemenceau defined Palestine as from Dan to Beersheba and also included TransJordan and other Nations, Saudi, Mesopotamia, Syria
League of Nations Covenant  Article 22, July 24, 1922
Article 5 – Great Britain shall be responsible for seeing that no Palestine territory shall be ceded or leased to or in any way placed under the control of the  Government of any Foreign power
N.B. Great Britain illegally by unilaterally divided the land between West ( Cis ) and Trans (West ) Jordan and illegally gave the Golan Heights to France for Syria. The excision of Transjordan based on Article 26 is almost certainly illegal as it directly contravened Article 5 but too late to be rescinded
Article 6 shall facilitate Jewish immigration and shall encourage settlement by Jews on State Lands and Wastelands.
This principle of Acquired Rights once granted is recognized under a Treaty or other instruments do not expire with the expiration of the Treaty
UN General Assembly Partition Resolution
Not legally binding as General Assembly can only make recommendations, November 1947 and May 1948
The rights of the Jewish People deriving from the Mandate for Palestine remain in full force. This principle of International Law would still apply even if one of the parties to the Treaty failed to perform the obligations imposed on it e.g. the British Government in regard to the 1922 Mandate for Palestine.
The cowardly baying mob has had more than their share of rewarded publicity and it is time they are intellectually challenged.  This is just the start.

1 comment:

  1. Malcolm of EnfieldJune 13, 2019 at 1:20 PM

    This article brings into focus so much that is now long forgotten, especially by modern politicians and journalists, totally ignorant of the reality of how Israel was created.
    We must Explode the Palestinian myth

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